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Board of Adjustments Minutes March 24, 1998 Page 3 • staff misread the ordinance. He explained the Planning Commission can make a decision on staff's interpretation tonight or have the issue brought back in another month after he and Mr. Ach have read through all of the information Cargill has submitted. Mr. Fontaine requested the Planning Commission take time to review the issue thoroughly before making a decision. Commissioner Kuester explained that a similar request was reviewed by the Planning Commission in which the legal issues were unclear. She indicated it is the Planning Commission's view to not allow development to occur within the urban service district until water and sewer is available. COMMISSIONER KUESTER MOVED TO SUPPORT STAFF'S DECISION TO DENY A BUILDING PERMIT REQUEST BY CARGILL, INC. FOR THE CONSTRUCTION OF A NEW FACIILITY WITHIN THE URBAN SERVICE DISTRICT PROR TO THE AVAILABILITY OF CITY SEWER AND WATER AS SET FORTH IN SECTION 900.20(16) OF THE ELK RVIER CODE OF ORDINANCES, PUBLIC HEARING CASE NO. GP 98-1. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0-1. Commissioner Chambers abstained. Discussion followed regarding the City's willingness to work with Cargill to achieve both the City's and Cargill's goals. Steve indicated Cargill could request an ordinance amendment to exclude their property in question from the urban service boundary, or some other type of ordinance amendment. Mr. Sellergren • suggested the City come forward with some type of ordinance amendment and present it to Cargill. Mr. Fontaine stated Cargill is not interested in an ordinance amendment for the urban service boundary, nor are they in favor of seeking some type of variance. COMMISSIONER COTE MOVED THAT THE BOARD OF ADJUSTMENTS CONVEY TO THE CITY COUNCIL THAT,WHILE THE BOARD OF ADJUSTMENTS DID NOT BELIEVE THAT STAFF ERRED IN APPLYING THE ORDINANCE,THE PLANNING COMMISSION DOES SUPPORT CARGILL'S PROPOSED PROJECT AND WOULD ENCOURAGE STAFF AND THE CITY COUNCIL TO WORK TOGETHER FOR AN ALTERNATIVE MEANS TO GET THIS PROJECT IMPLEMENTED. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3.2. Edward and Cynthia Soltis Request for Accessory Structure Area Variance, Public Hearing Case No. V 98-2 Staff report by Scott Harlicker. Edward and Cynthia Soltis have requested a variance to the maximum square footage allowed for accessory structures at 13090 227th Avenue NW. The Soltis' propose to construct a 54' x 104' riding arena which would exceed the maximum square feet allowed by 3231 square feet. Scott reviewed the reasons for the request submitted by the applicants. He indicated the applicants should combine the two lots they own for a total of 16.68 acres. Staff suggests the proposed building be relocated to a less conspicuous site on the property. • Chair Mesich opened the public hearing.